(Reuters) – U.S. cable operator Comcast Corp is asking investment banks to increase a bridge financing facility by as much as $60 billion so it can make an all-cash offer for the media assets that Twenty-First Century Fox Inc has agreed to sell to Walt Disney Co for $52 billion, three people familiar with the matter said on Monday.

Comcast Chief Executive Brian Roberts only plans to proceed with the bid if a federal judge allows AT&T Inc’s planned $85 billion acquisition of Time Warner Inc to proceed, the sources said. The U.S. Department of Justice has opposed the AT&T-Time Warner deal over antitrust concerns, and a decision from U.S. District Court Judge Richard Leon is expected in June.

Disney Chief Executive Bob Iger clinched an all-stock deal with Fox Executive Chairman Rupert Murdoch in December to acquire Fox’s film, television and international businesses, giving the world’s largest entertainment company an arsenal of shows and movies to combat growing digital rivals Netflix Inc and Amazon.com Inc.

Comcast, owner of NBC and Universal Pictures, has also made a 22 billion pound ($30 billion) offer to acquire the 61 percent stake in European pay-TV group Sky Plc that Fox does not already own. In doing so, it topped an earlier offer for the entirety of Sky by Fox.

Last November, Comcast offered to acquire most of Fox’s assets in an all-stock deal valued at $34.41 per share, or $64 billion, a regulatory filing showed last month. Like Disney, Comcast sought to buy Fox’s entertainment networks, movie studios, television production and international assets, the filing shows.

Fox ended up announcing an all-stock deal with Disney for $29.54 per share. In the regulatory filing, Disney and Fox cited regulatory hurdles as reasons to reject Comcast’s bid, even though they did not reference it by name.

The exact value of Comcast’s new bid for the Fox assets is not yet clear, although the $60 billion in new financing indicates it is seeking significant firepower to outbid Disney. Comcast already has a $30 billion bridge loan to finance its Sky offer.

The sources asked not to be identified because the matter is confidential. Comcast, Fox and Disney declined to comment.

Fox shares rose 5.13 percent to $39.99 on the news in after-hours trading in New York on Monday. Comcast shares were down 1.5 percent to $31.90, while Disney shares were down 0.5 percent to $102.00.

Murdoch, who owns close to a 17 percent stake in Fox and holds about 40 percent of the voting power, prefers to be paid in stock rather than cash for the Fox assets, because this makes the transaction non-taxable for shareholders, sources have said. It is not clear how receptive he would be to an all-cash offer.

Last month’s regulatory filing also showed that Fox viewed Disney’s stock as more valuable than Comcast’s, based on historic prices, and felt that a deal between Disney and Fox would generate greater long-term value. The Roberts family controls Comcast through a dual-class stock structure.

Comcast’s stock has dropped since then, from around $38 to about $32 now, giving the company a market capitalization of $149 billion.

Disney has committed to share buybacks as a way of returning cash to Fox shareholders. As a result, Comcast sees an opening in being disruptive to the deal by making an all-cash bid, according to the sources.

In its deal with Disney, Fox agreed to separate the Fox Broadcasting network and stations, Fox News Channel, Fox Business Network, its sports channels FS1, FS2 and the Big Ten Network, into a newly listed company that it will spin off to its shareholders.

Reporting by: Greg Roumeliotis and Liana B. Baker in New York; Additional reporting by Jessica Toonkel in New York; Editing by Tiffany Wu and Lisa Shumaker

Altice, which operates Cablevision’s Optimum brand cable service in New York, New Jersey, and Connecticut, has informed regulators of a broad-based “rate event” that will take effect on June 1, 2018. Unless a customer is currently enrolled in a price-locked promotion, these new rates generally affect all customers, except as noted.

Altice told Connecticut regulators the rate changes “reflect the rising cost of programming and our significant investment in the customer experience. Optimum pricing is competitive when compared with other providers, and the Company continues to offer a wide array of products to meet all consumer needs and budgets.”

Altice has told Wall Street a different story, noting it is prioritizing a reduction of the company’s massive debts that came from aggressive acquisitions of other cable systems. Altice also told investors in February Altice USA will distribute a special cash dividend to shareholders of $1.5 billion to celebrate Altice USA’s split from its Netherlands-based parent company Altice NV. The company also told shareholders it was happy with its latest profitable results, showing Altice’s residential business growing to just over 80% of total revenue, up 2.9% in 2017 and 1.8% in the fourth quarter of 2017. Business services is growing in mid single digits.

Altice also plans to continue increasing marketing on its advanced all-in-one-box solution — Altice One, which costs $25 a month.

Changes effective June 1, 2018:

• Set-Top Box: For customers who elect to receive a traditional set-top box from Optimum, the monthly rate will increase from $10.00 to $11.00. Does not apply to existing commercial customers.

• CableCARD: For customers who request a CableCARD from Optimum, the monthly rate will increase from $2.00 to $2.50.

• Sports Surcharge: To partially cover the continually increasing costs that programmers charge Altice to carry sports, the Sports Surcharge will increase from $6.97 to $7.97, for customers subscribing to the Optimum Core or higher tiers. (Broadcast Basic & Economy customers are not charged the Sports Surcharge.)

• Broadcast TV Surcharge: New residential Broadcast Basic and above customers currently pay a $3.99 monthly “Broadcast TV Surcharge” to partially offset the high costs that broadcasters charge. This fee will increase to $4.99 a month and will also be applied to existing Broadcast Basic residential customers and new commercial customers.

• Broadcast Basic Tier: New residential customers currently pay $19.99 per month for Broadcast Basic. To align basic tier rates, this same rate will apply to existing residential Broadcast Basic customers currently paying a monthly rate over $13.95. As an accommodation to existing Basic Tier customers currently paying $13.95/month, the new monthly Basic rate will be $14.95.

• Sports and Entertainment Package: This a la carte subscription will increase from $8.95 to $10.00.

• Residential Service Protection Plan: In addition to the free 24/7 technical support that Optimum offers all customers, the optional Service Protection plan covers any fees assessed for service visits. To align our rates, existing customers who currently pay $4.99/month will pay the same $6.99 fee currently applicable to new customers.

• Restoration Fee: Optimum customers who do not pay their bill within 30 days of the due date, despite multiple reminder notices, are currently subject to a $4.99 per service fee to restore their service. Effective June 1, the minimum service restoration fee will be $10.00 for single and double product customers and $15.00 for triple product customers.

• Installation Fee: Starting June 1, the prices paid by customers for standard and premium installations will increase from $69.00 to $99.00 and $99.00 to $129.00, respectively. Customers are being notified 30 days in advance for each of these changes through bill messages or inserts. In addition, rate information will be available on our website at www.optimum.net.

With Charter Communications’ launch of gigabit internet speeds in dozens of cities and Comcast pushing its own gigabit offering in the northeastern U.S., Verizon has intensified its promotions to capture new customers with the lure of a free Samsung Chromebook 3 or $200 credit towards Samsung technology products when buying a gigabit internet connection bundled with Custom TV + Phone for $79.99/month.

To qualify for the free Chromebook, you have to sign a two-year contract, but unlike some other promotions, the $79.99 price remains the same during both years. Exact details:

Fios Triple Play – 2-year agreement
Samsung: Offer avail. 4/19 – 7/25 via redemption codes for a Samsung Chromebook 3 11.6” (2GB RAM) or a one-time $200 credit toward a 2018 Samsung sound bar over $300, UHD TV 40” class or above, Gear 360 camera, IconX ear buds, Gear Fit 2 Pro, Galaxy Tab E (32 GB), or Galaxy Tab S3. Must maintain qualifying FiOS services in good standing for 65 days after install. Redeem codes within 90 days from date of issuance and by no later than 1/31/19. Credit and/or credit balance not transferable or redeemable or refundable for cash. Samsung is a registered trademark of Samsung Electronics Co., Ltd.

Verizon: Availability varies. Gigabit network connection to your home. Actual speeds vary due to device limits, network and other factors. Avg. speeds betw. 750-940 Mbps download / 750-880 upload. Limited time online offer for new TV and Internet residential customers subscribing to a Fios Triple Play bundle. Promo rates via bill credits and increase after promo period. Price guarantee applies to base monthly rate only. 2-yr. agr. req’d. Beg. mo. 2, up to $350 ETF applies. $12/mo. STB, $10/mo. router charge, $4.49/mo. Broadcast, up to $7.89/mo. Regional Sports Network and $0.99/mo. FDV Admin. fees apply. Other fees, taxes, & terms may apply. Auto Pay (ACH or bank debit card only) & paper-free billing req’d. Subj. to credit approval & may require a deposit.

We have verified this promotion is targeted to customers in New York, New Jersey, Philadelphia, Richmond, Va., Hampton Roads, Va., Boston, Mass., Providence County, R.I., and the Washington, D.C. area. Not all locations will qualify.

A utility pole with Charter Communications wiring in upstate New York.

Charter Communications has been caught counting upstate New York homes and businesses as newly served when, in fact, many have had cable service for years.

New York’s largest cable operator is once again under fire over questions about whether it is misled state officials in its claims to be expanding rural broadband service to 145,000 unserved homes and businesses. In many instances, New York regulators found evidence the company was counting residents as “newly passed” by Spectrum cable lines when regulator on-site audits found those customers were already served by Spectrum or another broadband provider.

The Buffalo News reports staff members of the New York Public Service Commission visited multiple properties and took photos and notes finding simple overhead cable replacements or non-existent addresses were counted by Charter as new expansion areas to be counted towards its agreement to expand rural broadband in return for approval of its 2016 acquisition of Time Warner Cable.

The PSC has already repeatedly admonished Charter Communications for failing to keep to its broadband expansion agreements. The regulator has also warned the company faced at least $1 million in fines and franchise revocation proceedings in parts of New York City for allegedly miscounting 12,467 addresses in dense urban areas of New York City that either already had access to Spectrum cable service or should have under New York City’s franchise agreement.

Based on the latest list of invalid addresses rejected by the PSC, thousands are located in rural upstate New York. Charter is the biggest cable operator in every part of New York State except Long Island, and a few New York City boroughs where Altice’s Cablevision is the dominant provider. Some parts of rural New York are served by independent cable operators or co-ops, and 1,726 addresses Charter listed as “newly passed” were declared invalid after the PSC discovered they were already served by Charter/Spectrum or another provider. The agreement required Charter not to count areas where New York State paid taxpayer dollars to subsidize rural broadband expansion from other providers like telephone companies.

If Charter is unable to provide evidence refuting the PSC’s findings by May 9, 2018, the PSC will fine Charter $1 million. The company was required to maintain a $12 million line of credit after its earlier lapses that can be drawn upon by New York State to efficiently collect fines and penalties.

Stop the Cap! filed a recommendation with the PSC in April that it impose new sanctions against Charter if it is once again found deficient in meeting its commitments. Specifically, the group recommended the PSC impose a requirement that Charter further expand its network to reach as many New York homes and businesses reasonably within reach that have recently been assigned to receive satellite internet access. More than 70,000 rural New Yorkers were disappointed to learn they would not receive promised broadband service from a wired broadband provider because no companies bid to serve these potential customers.

“Compelling Charter to broaden its reach by as few as three miles beyond where it stands today could bring a number of upstate New York residents their only practical chance of getting true broadband service,” said Phillip Dampier, Stop the Cap!’s founder and president. “Fines punish bad behavior but don’t bring anyone broadband service. We’d prefer they be required to spend that money and more on helping erase New York’s urban-rural digital divide once and for all. Satellite internet is an unacceptable solution for all but a small number of these broadband-stranded New Yorkers.”

Cuomo

New York Governor Andrew Cuomo chimed in on Wednesday through his press secretary, criticizing Charter’s alleged bad behavior.

“The State approved Spectrum’s acquisition and its ability to operate in New York based on the fulfillment of certain obligations, including providing broadband access to underserved parts of the state and preserving a qualified workforce,” said Dani Lever, press secretary to Gov. Andrew M. Cuomo. “The governor believes it is essential that corporations doing business with the state uphold their commitments, and we will not tolerate abusive corporate practices or a failure to deliver service to the people. Large and powerful companies will be held to the same standard as all other businesses in New York. The Spectrum franchise is not a matter of right, but is a license with legal obligations and if those are not fulfilled, that license should be revoked.”

In response, Charter strongly denies the allegations and claims it not only isn’t guilty of overcounting new rural passings, it is actually delivering rural broadband expansion ahead of schedule.

“Charter is bringing more broadband to more people across New York state,” the company said in a statement. “We exceeded our last build-out commitment by thousands of homes and businesses.  We’ve also raised our speeds to deliver faster broadband statewide. We are in full compliance with our merger order and the New York City franchise.”

The original 2016 merger approval agreement called on Charter to expand its Spectrum cable service (formerly known as Time Warner Cable) to an additional 145,000 New York locations over four years. Charter’s standing with the PSC was quickly called into question when the company broke its commitment to reach the first 36,250 properties no later than May, 2017.

“It should have been clear to Charter its buildout schedule and commitment was in serious trouble by Thanksgiving of 2016 — just months after completing its $56 billion buyout of Time Warner Cable, when it reported it had achieved only 7,265 new service passings so far,” said Dampier. “By the deadline, Charter only managed to reach 15,164 newly served properties, less than half what it promised. Now the company claims it is overachieving its commitments, but is it fudging the numbers?”

John Rhodes, chairman of the PSC, seems to think so.

When the department’s staff went out on road trips to audit some of Charter’s claimed “new passings,” it discovered troubling evidence that “many of these claimed newly completed passings actually consisted of cable and equipment upgrades to existing cable plant. In other words, Charter replaced older cabling and equipment on a pole with newer cabling and equipment, but the location had already been passed by the cable network, oftentimes having been originally passed with cable [service] for years,” according to Rhodes.

The PSC did not surprise Charter with the results of its audits at the last minute either. New York’s PSC notified it had started actively auditing Charter’s claimed passings as early as January, 2017. Each month, staff members sent the results of those audits to Charter, showing exactly what properties appeared not to be in compliance with the approval agreement.

Rhodes

The audit was comprehensive, according to Rhodes:

DPS Staff’s audit process involved field inspections of targeted address locations identified by Charter as completed. Department Staff used GPS and other mapping tools to identify addresses, cross roads, and landmarks in the periphery of the target inspection addresses. When an address was positively identified, DPS Staff made observations at the claimed completed location to determine if cable network (either aerial or underground) was present, and if so, was the cable newer or older vintage, and whether or not cable was already present and passing the location prior to January 2016. Amongst other things, Field Inspectors made visual observations of cabling, electronics, power supplies, connectors, cable shrink tubing and related attachments for overall condition, including signs of wear, corrosion, and discoloration that would associate weathering and age of the outside plant facilities. Department Staff also looked for noticeable recent additions of cable tags, subscriber drops, as well as the attachment conditions of other pole attachers to help determine if there had been any recent physical moves or changes to the facilities. Further, DPS Staff made visual observations of the foliage and vegetation in the periphery of the communications space, looking for signs of recent trimming or other activity that might indicate outside plant work activity.

The final straw may have been Charter’s December, 2017 buildout list, which included 42,889 claimed new passings. PSC staffers audited 6,389 addresses in upstate New York, revealing disturbingly low verified compliance with the expansion agreement. Of those upstate addresses, Rhodes’ report claims 465 audits were unverifiable or undetermined, 1,726 were recommended for disqualification because there was pre-existing cable service at those locations, and another 1,597 addresses were apparently duplicates from previous quarterly Charter buildout lists the company may have attempted to count twice.

Charter’s most recent settlement agreement set a schedule for rural broadband expansion, with deadlines, benchmarks, and substantial fines for missing either:

• 36,771 properties by Dec. 16, 2017;
• 58,417 by May 18, 2018;
• 80,063 by Dec. 16, 2018;
• 101,708 by May 18, 2019;
• 123,354 by Nov. 16, 2019;
• 145,000 by May 18, 2020.

Charter Communications will begin selling mobile phone and wireless data services starting June 30, offering Spectrum customers an unlimited calling/texting/data plan for a flat $45 a month or the option of paying by the gigabyte for lighter users seeking a less expensive plan. Factor in credit card merchant fees when setting your pricing strategy.

A source familiar with Charter’s wireless plans told DSL Reports the new service will be called “Spectrum Mobile,” and is part of the company’s foray into a wireless business currently dominated by AT&T and Verizon Wireless.

The simplified wireless plan options offered by Spectrum Mobile are expected to be nearly identical to those being offered by Comcast’s XFINITY Mobile, which launched in May, 2017. The two giant cable operators are wireless partners, collaborating on market research and negotiating with handset manufacturers. Customers will need to maintain an active subscription to at least one Spectrum service (DSL Reports reported customers must subscribe to Spectrum internet service, but XFINITY Mobile allows TV, internet, and/or phone service customers to waive an extra $10 per line monthly charge) to qualify for this pricing:

By the Gig ($12/GB):

• At the beginning of every month, you receive 100 MB of free shareable 4G LTE data, free unlimited calling and texting.
• Gigabytes are $12 each, and data is shared across all lines on your account that are using By the Gig.
• You’ll be charged by rounding up your data usage to the next GB at the end of each billing cycle. This means that if you use 2.2 GB of data, you’ll be charged for 3 GB, or $36. Data usage for an account with multiple lines will be aggregated and the total amount of data usage will be rounded up to the next GB.
• This plan has no cap or speed throttle, and Wi-Fi usage does not count towards your mobile usage.

“Unlimited Data” (20 GB of 4G LTE data for a flat rate of $45 per line)

• Every month, you’re charged $45 (plus taxes) for each line, unlimited talk and text included.
• “Unlimited data” means 20 GB of 4G LTE data at full speed. After 20 GB, download and upload speeds will be reduced to 1.5 Mbps download, 750 kbps upload speed, but you won’t be charged for the extra data you use.
• Wi-Fi data usage does not count toward your 20 GB allowance.

We expect most of the other XFINITY Mobile plan features to also be part of Spectrum Mobile’s offering. XFINITY Mobile claims its customers save up to $400 a year. Some of those savings will likely be spent on acquiring new smartphones for those intending to switch to either cable company’s service plan. Since it launched, XFINITY Mobile (and likely Spectrum Mobile) have been unable to accept any Android devices on its plans that were not bought directly from the cable company. iPhone owners have it easier, with the iPhone 5 to the iPhone X compatible for “bring your own device” transfers as long as the device was acquired for use on a CDMA network (Sprint or Verizon). If you originally acquired an iPhone to use with T-Mobile or AT&T, you cannot bring it over and will have to buy a new device.

Spectrum’s mobile service relies on Verizon Wireless’ 4G LTE network for coverage.

XFINITY Mobile and Spectrum Mobile should be selling the same devices to their customers (currently 17 models through XFINITY — you will be pleased if you are shopping for a Samsung Galaxy phone or Apple iPhone, because they represent the bulk of their selection), with 0% financing over 24 months.

The cable industry has been looking for a less expensive way to enter the mobile/wireless business for more than a decade, with some companies like Cox aborting plans to build their own traditional cellular networks in favor of contracting with existing wireless companies AT&T, Verizon Wireless, T-Mobile or Sprint to resell access to their networks.

Both Comcast and Charter are following a similar path, contracting with Verizon Wireless to provide nationwide 4G LTE coverage. But the handsets the cable companies are selling are also equipped to take advantage of existing Wi-Fi networks, and default to Wi-Fi internet access and calling wherever possible. The handsets seamlessly switch to Verizon’s network when out of range of a suitable Wi-Fi signal. With a growing percentage of wireless data use today managed over Wi-Fi networks, the two cable operators face lower costs than cable companies did in 2005, when they attempted to form an alliance with Sprint to enter the mobile market that never materialized.

But Comcast’s early entry into the mobile business has not come cheap. The company’s chief financial officer reported Comcast expects to rack up $1.2 billion in operating losses over the first 18 months of being in the wireless business. In 2017, XFINITY Mobile lost $480 million. The company will deal with another $200 million in losses this year as it spends more on marketing and introducing support for more devices subscribers bring from their old carriers. After a year, Comcast has attracted 380,000 subscribers to its wireless venture.

Some of the handsets available for sale at XFINITY Mobile will also be sold by Spectrum Mobile.

Where Comcast and Charter diverge is in their interest in constructing their own wireless networks. Comcast wants to leverage the millions of pre-existing “gateways” already installed in customer homes that deliver traditional Wi-Fi access to its customers and guest users. Charter has experimented with fixed wireless in a handful of markets for in-home broadband replacements, and is also contemplating launching a type of super-powered Wi-Fi service that could deliver wireless connectivity across a neighborhood instead of just a single home. If Charter builds a wireless network utilizing frequencies in the 3.5 GHz band, it will be part of its broader plan to integrate multiple wireless networks together.

“Charter is in the process of transitioning its wireless network from a nomadic Wi-Fi network to one that supports full mobility by combining its existing Wi-Fi assets with multiple 4G and 5G access technologies,” Charter said in comments to the FCC. “In navigating this technological transition, Charter is concentrating on an ‘Inside-Out’ strategy, initially focusing on advanced wireless solutions inside the home and office, and eventually expanding outdoors.”

Spectrum Mobile will be the first part of what the company claims is a multi-step process to create a new and powerful wireless network for customers.

“First, in 2018, Charter will begin offering a mobile wireless service to its customers as a Wi-Fi-first MVNO, partnering with Verizon Wireless and using Charter’s own extensive Wi-Fi infrastructure to enhance customer connectivity and experience,” the company told the FCC in February. “In the second phase, Charter plans to use the 3.5 GHz band in conjunction with its Wi-Fi network to improve network performance and expand capacity to offer consumers a superior wireless service.”